Ontario can keep $32K in cash seized from man who appears to have used AI in his defence
According to the Toronto Police Service, Ohenhen 'provided the other person, the driver, with access to his car to enable the driver to escape after the hit-and-run.'
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Investigators arrested the driver the next day 'for failure to stop at the scene of an accident that caused death, dangerous driving causing death, obstruction and public mischief,' Brownstone said.
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They also arrested Ohenhen as a result of the hit and run and searched his home 'where they found six cellular phones and $32,000 in cash, in $100 bills. There were three bundles that total $30,000 bound with elastics in the safe, and $2,000 in two bundles on a table.'
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Ohenhen was charged with failure to stop at the scene after an accident resulting in death, obstructing a peace officer, public mischief, and being an accessory after the fact to commit an indictable offence, said the judge, noting those charges are pending.
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According to Ontario's Attorney General, 'Ohenhen has an extensive criminal history involving convictions for possession for the purpose of trafficking, possession of schedule 1 substances, assault, assault with intent to resist arrest, failure to comply with a recognizance, possession of prohibited or restricted firearms, assault causing bodily harm, robbery, and conspiracy to commit an indictable offence.'
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The AG argued that, 'on a balance of probabilities, the currency at issue here … was likely acquired as a result of, and used in the commission of, the unlawful activity of trafficking and possession for the purpose of trafficking, and possession of the proceeds of crime.'
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But 'Ohenhen states that the money comes from casino winnings and from his business.'
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However, according to the judge, 'the records provided do not in any way support Mr. Ohenhen's statements that the cash was from his business or casino winnings. The records show that his business income, like his casino winnings, was received electronically, not in cash.'
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Brownstone found 'there is no credible and reasonable answer for the suspicious circumstances in which the money was found.'
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The judge was 'satisfied that the Attorney General has established on a balance of probabilities that the funds were proceeds of and an instrument of unlawful activity. There has been no 'credible and reasonable' answer to the suspicious circumstances outlined above, that is, that the significant amount of funds was in 100-dollar bills, bundled together, in cash in Mr. Ohenhen's home, not in a bank.'
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According to court documents, police arrested Ohenhen on Aug. 21, 2008, in the Parkdale area of Toronto after they stopped his dark green Jaguar. 'He was charged with seventeen offences: assault police, resist lawful arrest, eleven charges in relation to illegal possession of a loaded restricted firearm and breach of prior prohibition orders, two counts of possession of cocaine and one of marijuana for the purposes of trafficking, and possession of proceeds of crime.'
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